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NAUSCH v. AON CORP.

2 A.D.3d 101 (2003)

769 N.Y.S.2d 481

NANCY L. NAUSCH et al., as Cofiduciaries of the Estate of RICHARD M. NAUSCH, Deceased, Appellants, v. AON CORP. et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

December 2, 2003.

In a previous appeal, we remanded this matter for findings on the issue of whether the contract was at will or for a term of years, in which regard parol evidence could be considered (283 A.D.2d 353 [2001]). On remand, the motion court found, however, that parol evidence could not be considered by application of the statute of frauds, a new defense raised subsequent to our prior order and hence not reviewed by us. Moreover, the court concluded...

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